March 4, 2013 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

MARCH 4, 2013

7:00 P.M.

Brewster Village Council met in regular session with Mayor Mike Schwab presiding.

7:00 P.M. – CALL TO ORDER

Council Members bowed their heads for the invocation provided by Clerk-Treasurer K. Kris King followed by the Pledge of Allegiance.

MEMBERS PRESENT:

Mike Schwab, Mayor

Sherri Bichsel, Council Member

Dave Duff, Council Member

Dave Godwin, Council Member

Tom Hilliard, Council Member

Jay Huff, Council Member

Steven Tharp, Jr., Council Member

VILLAGE OFFICIALS PRESENT:

Steve Hartman, Village Administrator

K. Kris King, Clerk-Treasurer

Al McCallin, Solicitor

MINUTES FROM THE FEBRUARY 18, 2013 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the February 18, 2013 Council meeting minutes. There were none.

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the minutes. The vote: All yes.

PRESENTATION OF BILLS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to accept the bills for the amount of $ 378,432.42. Council Member Tharp asked questions about the GPD Engineers bill and the lease payment to the railroad. Council Member Hilliard asked questions about the final Wood Electric bill. The vote: All yes.

GUEST:

Ed and Melony Hunter, 305 E. 2nd St, put an addition on their home in 2010. They had filled out all the required paperwork and were never told about the tax abatement. Since they not made aware of the tax abatement, they asked if they could apply for it now and be grandfathered in. Council Member Tharp said he imagined there are other folks. He suggested they grandfather anyone that qualifies be grandfathered since 2000. Council Member Bichsel asked Solicitor McCallin if it was legal. Solicitor McCallin says to put the tax abatement through. If the county rejects it then the Village will have to overturn their decision. Council Member Godwin had the Village Administrator clarify that it was $ 25,000 prior to the latest ordinance. Council Member Tharp suggested making the wording to include conditionally or subject to county approval.

District 38 State Representative Marilyn Slaby was scheduled to attend but did not make it.

AUDIENCE:

The following residents were present: Dale Fox, Danielle Koprivec, George Radich, Mike Radich, Ryan Swan, Paul Mackey, Ray and Lavonne Heitger.

CONSIDERATION OF ORDINANCES:

ORDINANCE 11-2013: An ordinance amending Ordinance 28-1992 to pay all the Village Administrator's benefits and expenses through the Utility Funds was given third reading.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Ordinance 11-2013 as read. The vote: All yes

ORDINANCE 12-2013: An ordinance amending Ordinance 11-2011 allocating Village Income Tax to specific funds was given third reading.

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 12-2013 as read. The vote: All yes.

A resolution authorizing a Mutual Aid Agreement for PD with all CountyPolice Forces was given first reading.

An ordinance authorizing a November Ballot Issue to increase the Village Income Tax to 1 1/3% with 1/3% to be used for maintenance & construction of streets, storm sewers, curb & gutters, and sidewalks was given first reading.

A resolution for the submittal of a November Ballot Issue to increase the Village Income Tax to 1 1/3% with 1/3% to be used for maintenance & construction of streets, storm sewers, curb & gutters, and sidewalks was given first reading.

ORDINANCE 13-2013: An ordinance authorizing an agreement with Massillon PD for the use of a holding area for court appearances & the transport of prisoners to and from Stark County Jail ($125/2013 & $ 130/2014) was given first reading.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to suspend the rule requiring three separate readings and bring the ordinance forward for passage. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Ordinance 13-2013. The vote: All yes.

RESOLUTION 14-2013: A resolution of appreciation to Kenny Oliver on his retirement from the Village Electric Utility was given first reading.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Resolution 14-2013. The vote: All yes.

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

Council Member Duff brought up the Knox Boxes from the last meeting. He stated that if these are for the businesses then the businesses should pay half. He wants the Chief to look into it before it is brought to a vote.

Police Department: Chief Harry Porter

Chief letter: Requests the appointment of Andrew Wood to Village PD as a part time officer.

Chief provided February report.

SOLICITOR: Attorney Al McCallin

Solicitor McCallin provided guidance to the Mayor concerning income tax and he also reviewed the AMP contract.

COMMUNICATIONS:

Elliot’s Auto Repair opened today in the Brewster Auto building; can be reached at elliotsauto@AOL.com or 330-933-4366. The grand opening is March 18th.

Council Member Duff stated there have been four accidents at the north side red light. He wants the timer to be reset. Council Member Tharp wants the Police Chief to look into it before any action is taken. Council Member Godwin said one of the accidents was a four car pile up behind a stopped school bus.

Council Member Bichsel stated the DolleyMadisonRestaurant will be closing after March 15th. The bed and breakfast, gift shop, and tavern will remain open.

VILLAGE ADMINISTRATOR: Steve Hartman

Sewer:

Wenger Excavating of Dalton has replaced the sewer line.

We will meet with Hazen and Sawyer representatives about the pump station on March 7th at 10 am.

Electric:

Department has begun rough-in wiring at garage.

We received meter for the railroad. Once it has been programmed department will install.

Village:

Income tax submittals are picking up.

VA attended a joint meeting at AMP on Thursday concerning the new RICE NESHAP regulations. This involves backup generators. The EPA is making it harder to use generators to shave off peaks in electric usage. Council Member Tharp asked if the Village ever used their generators to peak shave. VA Hartman stated the sewer department was looking into it. He also stated they are more regulations expected in 2014/2015.

VA Hartman sent out two nuisance letters. One for piled up garbage and one for old mattresses and couches outside.

Reilly Sweeping has quoted the Village $ 8,161 for 5 sweeps in 2013.

Council Member Hilliard asked about the Electric Department generator. VA Hartman stated they are pricing them now.

Council Member Hilliard asked if the Village could charge residents and pick up their old tires and mattresses so they could get rid of them. VA Hartman would have to look into it.

Council Member Hilliard wants to see the yellow on the curbs painted as soon as weather permits. He stated people were parked clear out on Rt 93 at the Methodist fish fry.

Council Member Huff asked if residents of Brewster received Brewster electric then why weren't the HillviewTrailer Park residents receiving power from Brewster. He wants to see a timeline set for transferring them over to Brewster's power. VA Hartman suggested a Utility Committee meeting to discuss it. Having only one meter for the entire park was briefly discussed. Council Member Huff stated that for the complaining about the park, why were they annexed in the first place. VA Hartman stated it would have been political suicide if the Village hadn't because of annexing the schools. Mayor Schwab stated that historically electric service was only an option for residents of Brewster. Council Member Duff went on to say that he voted against it. Council Member Tharp stated that Council needs to be more productive and less negative. Council Member Godwin asked if it was possible to switch them over and the Mayor stated it had to be purchased from BeachCity.

Council Member Hilliard stated he hoped the sign in front of Elliot's Auto was temporary as Council made the library jump through hoops to get their sign up. The VA is to look into it.

MAYOR’S REPORT:

Revisit the construction of an Elton Street Waterline for that area’s residents requested by Bob Colucci of 12935 Elton SW; would suggest that Council instruct VA Hartman to provide the following :

(A) The scope of such a project – lineal feet, size of pipe, list of property owners, etc

(B) A cost estimate – per lineal foot including valving and so forth

When info is available, contact of area residents be made; would suggest that Council establish a timetable.

Suggest that Council instruct VA to have the 2013 Street Project ready for bid no later than May 13th; Street Committee may want to review streets & make a recommendation; suggest E. Elton/Wabash intersection be bid.

Modified Village Zoning Certificate Application to advise of Community Reinvestment tax abatement. A copy was provided.

Request that Council approve Mayor’s appointment of PD Sergeant Denise Rossiter as Neighborhood Watch Officer; Denise has attended recent Watch meetings on behalf of PD & has been outstanding. Provided a copy of a letter to Council.

Mayor will have a letter requesting that Council approve a Mayoral appointment of Andrew Wood as a Part Time Officer at the March 18 Council Meeting. Officer Wood is the son of the Beach City Police Chief.

AMP Partner Representative to talk about Employee OSHA regulations & Employee Work Rules will be rescheduled.

Dennis Boen/Huntington Insurance Update: As requested he will be able to provide comparable quotes for employee health insurance from other carriers, but w/o being the Agent of record Aultcare will not provide him with quotes.

VILLAGE CLERK-TREASURER’S REPORT: A handout provided

Remind Council to look over and sign the check register on the table.

Ambulance Replacement Fund: $ 20,739.62 of the $ 53,000.00 deposited thus far.

Working with OWDA to get reimbursement for sewer project. Mailed out requests that totaled $ 194,000.00. Also sent in a request for amended certificate for $ 860,000 for the OWDA loans to the county.

Health insurance issues: Three of the employees that had issues have had them resolved. One employee is awaiting info from an ex. We are waiting on information from a doctor to finish up another employee. Norma at Ohio Insurance Services has been assigned to the Village to resolve the issues and has been very successful at getting answers. The pharmacy issues have been looked at but am not sure if it's just the formularies that Aultcare uses. We have seen more increases for the employees since the new year started. One employees prescription for 30 days went from $26 to $55.

Carpets have been cleaned at Village Hall. Would like to replace the carpet runners. Supt Patterson found a 60 foot piece that could be cut for the utility office, entrance to Village Hall and put in the attic to keep down the dust. The cost was $665.00.

The February financial report has been provided to Council.

"VILLAGE SPEAKS":

A request for a shelf in the Utility Office foyer for customers to write checks.

Council Member Tharp received a one hour call from a resident very upset with the passing over of Sgt. Rossiter for the Capt's position. This was one of a couple calls he had received. They feel an Asst. Chief's position should be created and Rossiter be promoted to that position. Council Member Duff agreed. Council Member Bichsel asked if this should be taken into executive session. Mayor Schwab stated that a discussion about the creation of a positiondoes not qualify for executive session. Council Member Tharp stated that the Patrolman promoted was a qualified person but feels there was a mistake made by passing up the other officers. Mayor Schwab stated Council does not have the authority to promote anyone in the Police Department. They are a legislative body and they only approve or reject appointments. Mayor Schwab also stated that Council can create an Assistant Chief position in the PD, but it would still be the Police Chief and the Mayor who would decide whether the position is filled.

COMMITTEE OR COUNCIL REPORTS:

Duff: Parks & Grounds Committee met this evening: Discussed holiday lighting.

Bichsel: Employee Committee met this evening: Discussed 4th Lineman position.

Street Committee meeting minutes from 02/18.

Economic Development meeting minutes from 02/18.

Godwin: Route 62 Detour Sign Project: Presented Council with sign language.

Hilliard: Neighborhood Watch Meeting on Thurs 02/21 at 6 pm: Discussed home protection.

*NOTE: The Goal of any committee meeting is to discuss an issue or proposal and to provide, by a consensus of the committee members, ONE recommendation to Council

Reminders:

Economic Development Meeting w/consultants on Monday, March 11 at 5 pm; Pizza & Cola.

Mock Disaster April 2 at 5:30 pm; Mayor and Disaster Coordinator's presence requested.

DFPS Training on April 16th 10 – 11:15 am or 7 – 8 pm.

Employee Health Insurance renewal by 05/01

EXPENDITURE REQUESTS from past Meetings:

Fire Chief: Purchase of five Knox Boxes at a cost of $ 2,875.00.

PENDING PROPOSALS from past meetings:

Elton Street/N. Wabash Avenue Intersection Upgrades-Engineering Associates working with ODOT. Mayor would suggest that as part of the 2013 Street Program that both lanes on East Elton be upgraded for truck traffic.

Police Garage Proposal: Architect Jeff Day's has provided estimates of $ 134,500+. Stand alone garage being reviewed; The wrong blueprints for a 3-stall garage were sent but a new set has been ordered. There has since been problems with that order.

A Village Social Media Policy from the Mayor; referred to the Employee Committee.

On Call schedule for the Electric Utility; currently being reviewed by the Utility Committee.

Draft of an ordinance from Mayor: restricts the parking of commercial and recreational vehicles and trucks on residential streets (referred to Street Committee); to address recent and past issues.

Senior Citizens' program/facility: currently Wandle House provides Euchre on alternate Wednesdays.

OLD/NEW BUSINESS:

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to purchase lights for the holidays for the gazebo and Village Hall up to $ 1,000 from Parks and Grounds Fund. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to assign Dennis Boen of Huntington Insurance as Agent of Record with Aultcare. The vote: All yes.

Council Member Bichsel instructed VA Hartman to get moving on the waterline information for Elton SW.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to grandfather the residents that could have used the CRA if they had been made aware of it at the time they applied for zoning. The vote: Bichsel, yes; Duff, no; Godwin, yes; Hilliard, yes; Huff, yes; Tharp, yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to hire Reilly Sweeping at a cost of $ 8,161.00 for the 2013 Street Sweeping Program with the option of not using the last sweep. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to instruct the VA to have the 2013 Street Project ready to bid out by May 13th. The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to appoint Denise Rossiter as Neighborhood Watch Officer. The vote: All yes.

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to allow the Recreation to spend up to $ 1,500 on the Easter Egg Hunt. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to have the VA or Clerk get prices for a shelf in the Utility Office. The vote: All yes.

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to instruct the VA to start taking applications/resumes for a fourth lineman. The vote: All yes.

Council Member Duff asked if something would happen and Ken Oliver would come back, could he rescind his resignation. Solicitor McCallin stated that once a signed resignation is accepted, it is not retractable.

Council Member Tharp discussed the timeline for the insurance. He feels that Brian Savage has failed us in so many ways. At some point he has to take some semblance of responsibility.

Council Member Duff asked Solicitor McCallin if the position of lineman is advertised, is the Village required by law to hire someone. The Village is not.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to hold an Insurance Committee meeting on April 8th at 6pm. The vote: All yes.

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to have VA call a Utility Committee meeting to discuss the Elton Street waterline and trailer park electric on April 1st at 6pm. The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to adjourn the meeting at 8:33pm.

Respectfully submitted,

____________________________________

K. Kris King, Village Clerk-Treasurer

___________________________________

Mike Schwab, Mayor

"If you are not criticized, you may not be doing much." - Donald Rumsfeld

"Politics does not build character; it reveals it." - Haywood Broun